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(영문) 서울중앙지방법원 2021.02.02 2020가단5171760

물품대금

Text

The defendant's KRW 5,316,80 and its amount to the plaintiff are 6% per annum from September 19, 2019 to April 7, 2020.

Reasons

1. According to the purport of the overall theory on the entries and changes in Gap evidence Nos. 1 through 3, it is recognized that the plaintiff supplied the original unit to the defendant who manufactures and sells female clothing in the trade name of "C" and did not receive the payment of KRW 55,316,800 for the original unit until September 18, 2019.

Therefore, the Defendant, barring special circumstances, is obligated to pay to the Plaintiff delayed damages calculated at each rate of 5,316,80 won, and 12% per annum as stipulated in the Commercial Act, from September 19, 2019 to April 7, 2020, the delivery date of the original copy of the instant payment order, from September 19, 2019 to the delivery date of the original copy of the instant payment order, and from the next day to the date of full payment, from the next day to the date of full payment.

2. As to this, the defendant alleged that the plaintiff suffered damages from the plaintiff's supply of defective parts, etc., and thus, the plaintiff's claim is unfair, but there is no proof of specific assertion, and the above assertion is not accepted.

3. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

참조조문